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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1827

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million for the same crime from the same support on April 22, 201 to the Changwon District Court’s territorial branch on March 22, 201, as a crime of violating the Road Traffic Act (dacting driving), respectively.

[2] On November 22, 2017, the Defendant driven BD vehicles under the influence of alcohol content of 0.063% from the roads front of GS25 convenience points located in the 15-ro, Changwon-si, Changwon-si, Changwon-si, Changwon-si, Changwon-si, to the roads front of the excessive tank 24 in which the same Gu is a prisoner of war.

As a result, the defendant had been punished for drinking driving more than twice, but he also had a drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has a history of criminal punishment of fines on two occasions due to driving of drinking, also committed the crime of driving of drinking alcohol.

However, according to the fact that the defendant recognized the crime of this case, there is no record of criminal punishment exceeding the fine, the alcohol concentration and driving distance of the defendant's blood, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.